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David Stanley Marshall

David Marshall’s Answers

27 total

  • What to do for false molestation accusations?

    I am 26, she is now 18. She is saying I "inappropriately" touched her when we were kids either 13 or 11 years ago (she cant quite remember). This It would have made me 13 or 15 and her 5 or 7. There is a detective involved and seems to be getting ...

    David’s Answer

    This is a very dangerous situation for you. My most important advice: don't talk to ANYONE about the facts of the case until you talk with a lawyer. Especially don't talk with the police. Even explanations that the allegations are false can hurt you badly later.
    My second most important advice: see a lawyer. Don't wait.

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  • I am a daycare provider who has had abuse and neglect allegations brought against me.I need legal help against these charges

    The charges were made by staffers that work at my daycare. I have subsequently had my daycare close 10/22/14. And I can no longer be around my clients children or my place of business. I attempted to retain an attorney and am not satisfied with th...

    David’s Answer

    It may be possible for an attorney to advance your defense, even though no charge has been filed, either by gathering evidence while it is fresh or by presenting your defense informally to the prosecutor or DSHS. The first step would be for you to discuss your case in detail with an attorney. If your current attorney shows no interest in that, then perhaps you do need a new attorney.

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    I have been wrongfully accused of neglecting my fiancé's precious little girl, who is medically fragile. To have this as "founded" on my record, prevents me from adopting ANY children in the future, Right? This is a nightmare. ...

    David’s Answer

    I'm not sure the "founded" determination would absolutely prevent your adopting a child, but it certainly would make it difficult.

    My firm routinely handles administrative appeals of CPS's "founded" determinations. If you'd like to know more about how we could help you, give me a call at 206.826.1400.

    David Marshall

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  • I picked up my step daughter when I did so I accidentally bruised her arms. CPS is investigating me. Do they have a case?

    My girlfriend, her kids and I live together and her five year old daughter was making a mess in the bathroom with toothpaste and would not listen to me to stop and use it the correct way. I picked her up by the arms to get her away from the toothp...

    David’s Answer

    The outcome of this kind of case usually depends on the particulars of the evidence--exactly what was going on with your step-daughter, what you did, what other options you had, the severity of the bruising, etc. Your history, especially with your step-daughter, can have an impact, too.

    To best protect your rights, you should hire a lawyer. (This kind of case can lead to a criminal charge as well as to problems with CPS.)

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  • Can a abuse finding be overturned?

    Four years ago I hit my then eight years old son on the arm with a wooden spoon. It left a bruise on his upper arm the size of a nickel. I went to a cps interview with my son's father and our other two children. I was never assigned a cps casewo...

    David’s Answer

    The municipal court prosecution and the CPS process were separate.

    It sounds as though you have a CPS finding of physical abuse of a child. If so, you should have received a letter informing you of this finding and giving you a short time to protest it. If you did receive the letter and did not protest it, you may not be able now to get it changed.

    If you don't know whether you received such a letter, you (or an attorney representing you) could contact CPS to see whether it can prove you received a letter. If you don't remember a letter and CPS cannot prove you received one, you can probably protest the finding now.

    Possibly your municipal court records could be used against you in further CPS proceedings. An attorney could advise you on that.

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  • If a little boy was molested by a 47yr old woman, & he's 2 scared total 2 be interviewed by police, can she still be prosecuted?

    can this woman be prosecuted for molesting my nephew, even if he is too scared to be interviewed by police. Actually he's too scared of her.she made him believe that he was in love with her. This lady is sick and needs to be prosecuted to the full...

    David’s Answer

    No prosecution can occur unless there is admissible evidence that would persuade a jury the crime was committed. In a child sex case, that evidence almost always has to be statements by the child who was molested.

    In many counties, the police and prosecutors use child forensic interviewing experts. These interviewers are trained to help children talk about sexual molestation. If your nephew hasn't yet seen one of them, I wouldn't give up on his being able to provide the needed evidence.

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  • I am accused of Neglect/Maltreatment of my fiancés daughter. I am innocent. Do I need a lawyer?

    These people KEEP saying, "its NO BIG DEAL!" & "its ONLY administration charges!" IT IS A BIG DEAL TO MY MORALS & VALUES AS A WOMAN WHO LOVES CHILDREN. I WOULD NEVER NEGLECT A CHILD!!! I LOVE MY STEPDAUGHTER, I would Never put her in danger!!! IF ...

    David’s Answer

    I agree, you need a lawyer to look at the facts of your case, compare them with the law, and advise you on your prospects of getting justice.

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  • Former friends daughter started posted on her Twitter that I'm a pedophile/child molester! She is 16!

    I have a have former friend and her daughter that I lived with that started posting I"m a pedophile and a child molester on her twitter. We share some mutual friends. The major concern we share season tickets to the same hockey team. My major...

    David’s Answer

    This is the downside of living in a country that has freedom of speech.

    It is possible you could successfully sue for defamation, but if you brought such a suit, the defense would likely be that the statement was true, so you'd need to prove that you were not a child molester or pedophile. It is difficult to prove a negative. Bringing such a suit might increase your troubles; it's probably not a good idea. (You'd need to lay the full story before a lawyer to get the best opinion on that.)

    You could engage a lawyer to write a letter to your former friend, informing her that her statements are defamatory and demanding she stop them. That might induce her to stop.

    In any event, I suggest anything you say about this to your mutual friends be dignified, something like, "I always treated her and her daughter respectfully. I'm deeply hurt that she would say such vile and untrue things about me. I hope that you and our other mutual friends will judge me based on what you know first-hand, not on what you're hearing from her and her daughter."

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  • How can I protect my family from false accusations by my fourteen year old daughter?

    My daughter is fourteen and says that when she turns sixteen she plans on "Doing whatever it takes" to move in with her "real" dad. She hates her step dad because she says he is mean to her and her half sisters when disciplining them. I think sh...

    David’s Answer

    I agree with what Bruce Clement has said. I'll just add this: a court would expect you, if your daughter made an accusation against her step-dad, to use good parental judgment. In other words, a court would expect you to consider all the facts and to do whatever might be necessary to protect your daughter. A court would probably not consider it good judgment for you to allow your daughter further unsupervised contact with her step-dad until it became unmistakable that her accusation was false. You'd be safest if you didn't allow unsupervised contact until some public authority (like CPS) agreed it was appropriate.

    If your daughter is truly inclined to accuse your husband of sex abuse, he may want to stop being alone with her immediately, to protect himself from a false allegation.

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  • If you were a victim of child abuse, can you still report it as an adult?

    I'm currently 16 and would report when I'm 18 due to financial situations

    David’s Answer

    Certainly you could wait until you were 18. In fact, the Washington Legislature just amended the law to allow prosecution to start any time before you turn 30.

    But your decision to wait could reduce your credibility, especially because you intend to wait for financial reasons. In other words, you might be less likely to be believed if you wait. I suggest you consult with a lawyer before you decide to wait; you should be able to tell the lawyer the whole story without losing control over whether a report gets made.

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